As a regular boater, you get to see all kinds of flags proudly flown by other boaters on the water. This makes me wonder if you could legally fly any flag you wanted without getting in trouble. For example, flying a ‘Jolly Roger’ Are you allowed to freely fly one? So I got to work and did some research on the topic, and up until this point, the answer is still arguably debatable.
So are you allowed to fly a Jolly Roger? There are no laws that prohibit the flying of the Jolly Roger flag in the U.S., but Flying one could be trickier than that.
Jolly Roger- or a ‘pirate flag’ in lay man’s term could be easily incorporated with a black flag containing a white skull and crossbones with it. So, in general, it could be easily identified. Nowadays, many believe that pirates are not using Jolly Rogers anymore. Still, one should not be lenient enough because there are a lot of factors to be considered since all vessels have their own underlying set of rules.
Based on the Article 17 of the 1958 High Seas Convention, any ship or aircraft can be tagged and deemed as a pirate ship if the sole purpose of the people behind it are guilty of the acts of piracy itself; thus, flying one would attract and further raise for suspicion so a search for the boat could most likely be conducted.
On the contrary, it has been said that there are no federal laws in U.S territorial waters that forbids flying a Jolly Roger, and since there are beliefs that no one is using it now, most people would most likely think that you are just using it for fun.
Considering these factors, it would just be best and beneficial if you would not engage in flying a Jolly Roger in your boat to avoid any more complications. Let’s not forget that behind the flag’s iconic symbols undermines the historical context it really represents.
Jolly Roger’s point of origin was said to be unsupported, but there are factors that would closely explain its origin. One is from a coined French word “Jolie Rouge,” which means “no quarter given,” another one is with the association of the words “rouge” and “rouge laws.” Last is from the word Óld Roger, which depicts the wrath of the devil. If we look closely, these possibilities of origins denote dangerous warning signs, simply because of what pirates really did for a living. They steal from others and usually target gold, jewelry, and treasure chests. In easier terms, they are robbers who use the waters for their transactions. Hence, in today’s media portrayal, pirates are being illustrated in such a way to fascinate and allure the audience, most especially children.
Boat Flag Laws
Being a first-time boat owner can be a bit overwhelming, for there are multiple rules to be considered. One includes the laws or etiquettes for boat flags. Since sailing a boat is also a form of transportation, just like in a more common mode of transportation such as cars in which license plates are essential, this applies to boats as well.
Ergo, license plates’ rules vary in different countries as well. Flags are used as an ‘identity’ with regards to the reason on why you are boating on the sea.
Examples of boat flags include:
Ensign (variety of a national flag), Burgee (flag representing a boating organization), Private Signal (small custom-made flag for the boat owner, and Courtesy (flag of a foreign country for an onboard guest or when you are in foreign waters). There are also fishing flags, meaning there are loads of fishes in their boat. Knowing these, it is now clearly stated that having a flag is a must, and flying a wrong flag can lead you into some serious troubles. So even though there isn’t a specific and strong rule on whether it is safe or not to fly a Jolly Roger, it is advisable to not engage in flying one because flying it would mean that you are a ‘pirate’ yourself since you are using a ‘pirate flag’ or THEIR flag.
JOLLY ROGER’S DESIGNS AND SYMBOLISMS
What makes Jolly Rogers very teasing to use is because of its iconic and appealing designs. Initially, it was just a red flag, which means “No quarter given” or “No Mercy Given,” but the most popular ones that are being displayed now is the black flag that represents that “Mercy would be given for those who will surrender easily.” Skulls, crossbones, and skeletons connote a warning of death. There is also a pirate flag that has ‘hourglass’ design in it, which metaphorically means that those who will not surrender are easily running out of their times. Jolly Roger’s designs and its symbols were well-thought. They were undeniably effective and equivalent to its sole purpose to strike fear and terror.
PIRATES IN A NUTSHELL
In historical context, pirates have already existed ever since ancient times. Aside from robberies through water, there were reports that they were frightened trading routes and even seized cargo ships. Pirates can be deemed ‘successful’ in what they did since they even had their ‘Golden Age’ of Piracy ranging from 1650-1720, which means that those said years were their most active and thriving ones. Although “successful,” life on a pirate ship was not a walk in the park due to its hard and strict implementation on board and that, death is usually inevitable. Meanwhile, it is fair to mention that not all pirates were evil and brutal; there were some who had no choice than to turn into piracy in order to make ends meet.
PORTRAYAL OF PIRATES IN TODAY’S TIME
Blockbuster’ pirate’ films (Pirates of the Caribbean, Treasure Island, The Pirates! Band of Misfits) and ‘pirate-themed parties’ —these are just a few examples of how notorious ‘pirates’ are in today’s society. What pirates did in the past were seemed to be shrug off by media. What they did was instill the romanticization of violence and endless killings through the form of eye-capturing visuals to the viewers, making their viewing experience action-filled and captivating. This cause is most likely one of the reasons and possibilities on why flying a Jolly Roger sounds like ‘fun’ and ‘cool’ thing to try. Still, we should not overlook those deeper symbolisms, meanings, and historical contexts, that the pirates through the form of Jolly Roger really signify.
RELATED QUESTIONS:
Can I use a Jolly Roger flag as decoration for a pirate-themed party? The answer would be both. Yes, because ‘pirates’ are now being widely used as a form of entertainment. Especially in children’s books and even in adult movies in general. But at the same time no, because there are still people in other countries who find the flag offensive and dangerous because of what it represents. It’s best to avoid raising the flag to prevent further confusion.
Is there anyone who has been arrested for using a Jolly Roger flag? Yes, there are news reports that indicate that some people have been arrested. Their intentions have been heavily questioned, including a search in the boat itself.